User:NPCObserver/LegisInterp/HKM

Law or Provisions Interpreted	Summary	Date Adopted	Notes
Nationality Law (NPC trans.)	prescribing special rules for implementing the Nationality Law in Hong Kong	1996/5/15
Nationality Law (NPC trans.)	prescribing special rules for implementing the Nationality Law in Macao	1998/12/29
Hong Kong Basic Law art. 22, para. 4; art. 24, para. 3, item 3 (NPC trans. via HKSAR Gov’t)	clarifying that (1) “people from other parts of China” as used in Art. 22, para. 4 includes the children of Hong Kong permanent residents born in the mainland with Chinese nationality, who thus must apply for approval from mainland authorities to enter Hong Kong; and that (2) those children are permanent residents of Hong Kong under Art. 24, para. 3, item 3 only if at least one of their parents is a permanent resident at the time of their birth	1999/6/26
Hong Kong Basic Law Annex I, art. 7; Annex II, art. 3 (NPC trans. via HKSAR Gov’t)	interpreting Annexes I and II, which govern, respectively, the methods for selecting the Chief Executive and for forming the Legislative Council, to mean that (1) the two Annexes may be amended as early as 2007; that (2) such amendments are optional; and that (3) carrying out political reform in Hong Kong through such amendments must follow a five-step process, including the NPCSC’s approval	2004/4/6	superseded by the revised Annex I and Annex II, effective March 31, 2021
Hong Kong Basic Law art. 53, para. 2 (NPC trans. via HKSAR Gov’t)	clarifying that, in the event that the office of the Chief Executive becomes vacant before the expiration of a normal five-year term, the newly elected Chief Executive will serve only the remainder of his or her predecessor’s term	2005/4/27
Hong Kong Basic Law art. 13, para. 1; art. 19 (NPC trans. via HKSAR Gov’t)	clarifying that (1) “foreign affairs” as used in Art. 13, para. 1 includes rules or policies on state immunity; that (2) the central government has the power under Art. 13, para. 1 to determine such rules or policies to be applied in Hong Kong; that (3) “acts of State such as defence and foreign affairs” as used in Art. 19 includes the act of the central government to determine China’s state immunity rule (i.e., absolute immunity), over which Hong Kong courts have no jurisdiction; and that (4) Hong Kong courts must apply the state immunity rule as determined by the central government	2011/8/26
Macao Basic Law Annex I, art. 7; Annex II, art. 3	interpreting Annexes I and II, which govern, respectively, the methods for selecting the Chief Executive and for forming the Legislative Council, to mean that (1) amendments to the two Annexes in or after 2009 are optional; and that (2) carrying out political reform in Macao through such amendments must follow a five-step process, including the NPCSC’s approval	2011/12/31
Hong Kong Basic Law art. 104 (NPC trans. via HKSAR Gov’t)	clarifying that “to uphold the Basic Law of the Hong Kong Special Administration Region of the People’s Republic of China and [bear] allegiance to the Hong Kong Special Administrative Region of the People’s Republic China” not only must be included in the oath of office, but also constitutes “the legal requirements and preconditions” for running for or assuming the public offices listed in Art. 104; and laying down requirements for taking the oath and the consequences for violating them	2016/11/7
Hong Kong National Security Law arts. 14, 47 (HKSAR Gov’t trans.; Our coverage)	clarifying that (1) Hong Kong’s Committee for Safeguarding National Security has the authority under art. 14 to make “enforceable” decisions on “whether an issue of national security is involved”; that (2) the question whether overseas lawyers not qualified to practice generally in Hong Kong may serve as defense counsel or legal representatives in cases concerning offense endangering national security requires certification by Hong Kong’s Chief Executive under art. 47; and that (3) if a court fails to obtain a certificate from the Chief Executive on such a question, the Committee for Safeguarding National Security must make a decision by exercising its authority under art. 14.	2022/12/30